Facts
A., born in 1983, suffered a severe traumatic brain injury in 1991 and has been receiving a disability pension since 2004. In 2012, he lived in his own apartment after a two-year stay in a residential home. The IV office (Disability Insurance Office) then granted him a monthly assistance allowance of CHF 302.60.
A. filed a complaint against this decision and requested a higher annual assistance allowance of CHF 46,800. He also demanded that the procedure for determining the helplessness allowance be carried out separately from the assistance allowance and that the facts regarding the disability-related need for assistance be clarified by an external expert opinion.
Considerations
The Federal Supreme Court partially upheld the complaint
- The standardized assessment instrument FAKT2 is generally suitable for determining the overall need for assistance of an insured person.
- The amount of the flat-rate for the assistance allowance of CHF 32.50 or CHF 32.80 per hour is in accordance with the law.
- A new assessment of aspects of helplessness may be indicated in the procedure regarding the assistance allowance if it is relevant for the entitlement to the assistance allowance, but not for the degree of helplessness and the corresponding entitlement to compensation.
- Institutions within the meaning of Art. 42 para. 2 IVG and Art. 39e para. 4 IVV are in particular workshops that employ disabled persons who cannot engage in gainful employment under normal conditions.
- The flat-rate reduction of the maximum rate provided…